* Section 991.11, Wisconsin Statutes 2009-10 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].

20.370 (4) (bi) Water regulation and zoning — fees. From the general fund, all moneys received under ss. 23.32 (3), 23.321, 30.28, 31.39, and 281.22281.36 (12) for activities relating to permits, contracts, authorizations, and other approvals issued under
s. 281.36 and chs. 30 and 31, for activities relating to water quality standards under subch. II of ch. 281, and for wetland mapping under s. 23.32 and wetlands services under s. 23.321.

20.370 (4) (bm) Wetland restoration — fees; payments. From the general fund, all moneys received as surcharge fees under s. 281.36 (11) and all moneys received under the in lieu fee subprogram under s. 281.36 (3r) (e) for the restoration or creation of wetlands and for any other activities authorized under the in lieu fee subprogram.

23.321 (3m)Fees; expedited service. The department may charge a supplemental fee for a type of service under sub. (2) that is in addition to the fee charged under sub. (3) if all of the following apply:

(a) The applicant requests in writing that the service be provided within a time period that is shorter than the time limit specified under sub. (4) for that type of service.

(b) The department verifies that it will be able to comply with the request.

118,11Section
11. 23.321 (4) (title) of the statutes is created to read:

30.025 (1b) (b) "Permit" means an individual permit, a general permit, an approval, or a contract required under this subchapter or subch. II, a permit or an approval required under ch. 31, a storm water discharge permit required under s. 283.33 (1) (a), or a water quality certificationwetland general permit or wetland individual permit required under s. 281.36 or under rules promulgated under subch. II of ch. 281 to implement 33 USC 1341 (a).

30.03 (4) (a) If the department learns of a possible violation of s. 281.36 or of the statutes relating to navigable waters or a possible infringement of the public rights relating to navigable waters, and the department determines that the public interest may not be adequately served by imposition of a penalty or forfeiture, the department may proceed as provided in this paragraph, either in lieu of or in addition to any other relief provided by law. The department may order a hearing under ch. 227 concerning the possible violation or infringement, and may request the hearing examiner to issue an order directing the responsible parties to perform or refrain from performing acts in order to comply with s. 281.36 or to fully protect the interests of the public in the navigable waters. If any person fails or neglects to obey an order, the department may request the attorney general to institute proceedings for the enforcement of the department's order in the name of the state. The proceedings shall be brought in the manner and with the effect of proceedings under s. 111.07 (7).

30.2022 (2) The exemption under sub. (1) does not apply unless the activity is accomplished in accordance with interdepartmental liaison procedures established by the department and the department of transportation for the purpose of minimizing the adverse environmental impact, if any, of the activity. If the activity affects a wetland, as defined in s. 23.32 (1), the department of transportation shall conduct any required mitigation either by complying with the interdepartmental liaison procedures and any applicable interagency agreement on mitigation banks that is approved by the department of natural resources or by using any of the methods specified in s. 281.36 (3r) (a) 1. to 3.

30.207 (7) (a) At least 15 days before beginning the activity that is authorized by a general permit under this section the person who wishes to conduct the activity shall submit a notice to the department and shall pay the fee specified in s. 30.28 (2) (b) 2(1) (d). The notice shall describe the activity, state the name of the person that will be conducting the activity and state the site where the activity will be conducted. The notice shall also contain a statement signed by the person conducting the activity that the person will act in conformance with the standards contained in the general permit.

30.28 (title) Fees for permits, other approvals, and determinations and hearings.

118,20Section
20. 30.28 (1) of the statutes is renumbered 30.28 (1) (intro.) and amended to read:

30.28 (1) (intro.) The department shall charge a permit or approval fee for carrying out its duties and responsibilities under ss. 30.10 to 30.205, 30.207 and 30.21 to 30.27reviewing, investigating, and making decisions on determinations and on whether to issue or grant permits, contracts, authorizations, or other approvals under this subchapter. The permit or approvalrequired fee shall accompany the permit application, notice or request for approvalor other submitted documentation. The department shall set each type of fee in the amount that is necessary to meet the costs incurred by the department except as follows:

30.28 (2m) (a) The department shall refund a permit or approval fee charged under sub. (1) (a) if the applicant requests a refund before the department determines that the application for the permit or approval is complete. Except as provided in par. (am), the department may not refund a permit or approval fee after the department determines that the application is complete unless required to do so under a rule promulgated under s. 299.05.

30.28 (2m) (am) The department shall refund 50% of the fee specified in sub. (2) (b) 1. (1) (c) if the department denies an application for a general permit under s. 30.207 (3) (d) 1. or does not issue a general permit under s. 30.207 (6).

30.28 (2m) (b) If the applicant applies for a permit, requests an approval, or submits a notice under s. 30.207 (7)a person applies for a permit or otherwise seeks authorization or gives notice for a project or activity after the project or activity is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.

30.28 (2m) (d) The department, by rule, may increase any fee specified in sub. (2) (a). The department, by rule, may increase a fee specified in sub. (2) (b)(1) or (1m) only if the increase is necessary to meet the costs incurred by the department in acting on general permits or on notices submitted under s. 30.207performing the activities for which the fee is charged.

118,36Section
36. 30.28 (2r) (a) (intro.) of the statutes is amended to read:

30.28 (2r) (a) (intro.) The department, by rule, may charge a supplemental fee for a permit or, contract, authorization, other approval, or determination that is in addition to the fee charged under this section if all of the following apply:

118,37Section
37. 30.28 (2r) (a) 1. of the statutes is amended to read:

30.28 (2r) (a) 1. The applicant requests in writing that the permit or, approval authorization, or determination be issued or the contract be granted within a time period that is shorter than the time limit under the rule promulgated under par. (b) for that type of permit or, contract, authorization, approval, or determination.

30.28 (2r) (b) If the department promulgates a rule under par. (a), the rule shall contain a time limit for each type of permit or, contract, authorization, approval classified under sub. (2) (a) for determining whether the department will grant the permit or approval, or determination.

281.165 (4) (a) 1m. The wetland area is a nonfederal wetland,as defined in s. 281.36 (1) (c)not subject to federal jurisdiction under 33 USC 1344, and the activity will affect less than 3 acres of that wetland area.